Could Lake Providence contract with a parish garbage district to collect waste inside town?

Plain-English summary

Lake Providence asked whether East Carroll Parish Garbage District No. 1 could collect waste from town residents under a contract with the town. An earlier attorney general opinion had said garbage districts could not perform disposal activities within municipal limits. In 2000, the office distinguished a district's territorial jurisdiction from a joint undertaking with a municipality. It concluded that the district and town could agree to provide solid-waste service to town residents.

The opinion acknowledged that R.S. 33:8001 described a garbage district's territory as outside municipal boundaries. It then relied on the statutes allowing political subdivisions to cooperate on local services, expressly including garbage collection and disposal. The office said the earlier opinion should be modified to this extent.

Currency note

This opinion was issued in 2000. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Lake Providence officials at the time

The office concluded that the town could enter an agreement with the garbage district for a joint solid-waste undertaking within the terms the parties reached.

Parish garbage district officials at the time

The district's ordinary service jurisdiction did not extend into municipalities, but the office said that limit did not prevent this agreement with the town.

Town residents at the time

The contemplated agreement would have allowed the district to collect waste from town residents, despite the district's territorial boundary.

Common questions

Q: Did a parish garbage district's territory include municipalities?
A: No. The opinion quoted R.S. 33:8001 as placing the district outside municipal corporate limits.

Q: Could the town still make a collection agreement with the district?
A: Yes. The office read the intergovernmental-agreement provisions to allow a joint waste-service undertaking.

Q: What happened to the earlier opinion that prohibited district activity in town?
A: The office said Atty. Gen. Op. 80-1618 should be modified to the extent it conflicted with this conclusion.

Background and statutory framework

R.S. 33:8001 governed garbage district territory. R.S. 33:1323 called for liberal construction of intergovernmental arrangements for efficient local service, and R.S. 33:1324 expressly included garbage collection and disposal among cooperative activities. The opinion also quoted R.S. 33:1333's specific authorization for solid-waste agreements.

Citations and references

• R.S. 33:8001 (garbage district territory)
• R.S. 33:1323 (construction of intergovernmental provisions)
• R.S. 33:1324 (joint local undertakings)
• R.S. 33:1333 (solid-waste agreements)
• Atty. Gen. Op. 80-1618 (modified to the extent stated)
• Atty. Gen. Op. 86-358 (prior joint-service opinion)

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/00-0437

Original opinion text

December 5, 2000
OPINION 00-437

Mr. Robert N. Amacker, Jr.
Mayor, Town of Lake Providence
201 Sparrow Street
Lake Providence, LA 71254

Dear Mayor Amacker:

This office is in receipt of your request for an opinion of the Attorney General in regard to the Town of Lake Providence entering into a contract for garbage collection. You ask whether the Town is legally authorized to enter into a contract with Garbage District #1 of East Carroll Parish to allow the District to collect the garbage from the residents of the Town of Lake Providence, noting that Atty Gen. Op. 80-1618 appears to prohibit such a contract.

In the latter opinion this office was asked whether or not it would be legal for the East Carroll Parish Garbage District #1 to provide solid waste pick-up and disposal for the public schools, hospitals and airport located within the boundary of the corporate limits of the Town of Lake Providence. In response it was found that the parish governing authority was authorized to create garbage districts outside the limits of municipal corporations, and to contract obligations to maintain garbage collection and disposal service within the territorial limits of the district. Observing that garbage districts were created for serving persons living outside of municipal corporations, it was concluded, "Thus, it is the opinion of this office that it is not permissible for garbage districts to perform disposal acts within the corporate limits of municipalities."

In accordance with R.S. 33:8001 the parish governing authority may create garbage districts composed of territory wholly within the parish, and each such district "shall be a political and legal subdivision of the state". However, the statute specifically provides that the district is "outside of the corporate limits of municipal corporations."

Despite the provision that the garbage district shall not include the municipal corporations, we do not find this excludes the possibility of entering into an agreement with the municipality. In Title 33, Municipalities and Parishes, Chapter 2, Local Government, Part VII is entitled "Intergovernmental Functions", and therein R.S. 33:1323 directs that the part shall be liberally construed through the use of arrangements for greater economy and efficiency in the operation of local services. R.S. 33:1324 then sets forth as follows:
Any parish, municipality or political subdivision of the state, or any

Page 2

Mayor Robert N. Amacker, Jr.
OPINION 00-437
Page 2
combination thereof, may make agreements between or among themselves to engage jointly in the construction, acquisition or improvement of any public project or improvement, the promotion and maintenance of any undertakings or the exercise of any power, provided that at least one of the participants to the agreement is authorized under a provision of general or special law to perform such activity or exercise such power as may be necessary for completion of the undertakings. Such arrangements may provide for the joint use of funds, facilities, personnel or property or any combination thereof necessary to accomplish the purposes of the agreement, and such agreements may include but are not limited to activities concerning:

(3) Sewers, drains and garbage and other refuse collection and disposal.

R.S. 33:1333 specifically provides the following:

Any parish, municipality, consolidated garbage district created pursuant to Article XIV, Sec.. 14(K-1-b) of the Louisiana Constitution, or political subdivisions of the state may make agreements pursuant to R.S. 33:1324 and R.S. 33:1324.1 in order to create greater efficiency, economy and further extension of service in the area of solid waste disposal. * * * *.

The cooperation between the police jury and a municipality for garbage collection was recognized by this office in Atty. Gen. Op. 86-358 in response to the question whether the police jury could assess a service charge for the collection of solid waste within the corporate limits of a Lawrason Act municipality. Under the statutory authority for a joint undertaking relating to intergovernmental functions, this office concluded, "Consequently, it is the opinion of this office that a police jury may assess service fees for collection and disposal of garbage and trash on residents of a municipality pursuant to a properly executed joint agreement between the parish and the municipality."

Therefore, while the Garbage District's jurisdiction for collection of garbage does not extend to municipalities, an agreement may be entered into with the municipality for a joint undertaking for disposal of the solid waste of residents of the municipality in accordance with the terms reached between the Garbage District and the Town, and Atty. Gen. Op.80- 1618 should be modified to this extent.

We hope this sufficiently answers your inquiry, but if we can be of further assistance, do not hesitate to contact us.

Sincerely yours,

Page 3

Mayor Robert N. Amacker, Jr.
OPINION 00-437
Page 3

RICHARD P. IEYOUB
Attorney General

BY:_________
BARBARA B. RUTLEDGE
Assistant Attorney General

RPI/bbr

Page 4

Mayor Robert N. Amacker, Jr.
OPINION 00-437
Page 4

OPINION 00-437

90-A Political Subdivisions
R.S. 33:8001
R.S. 33:1324
R.S. 33:1333

Agreements may be entered into
between the municipality and garbage
district for a joint undertaking for
disposal of solid waste of the municipality.

Mr. Robert N. Amacker, Jr.
Mayor, Town of Lake Providence
201 Sparrow Street
Lake Providence, LA 71254

Date Receuved: Oct. 30, 2000
Date Released: December 5, 2000

BARBARA B. RUTLEDGE
Assistant Attorney General